Reproductive Rights Violations as Torture

03.04.11 - Far too often, women suffer violations of their reproductive
rights that inflict tremendous physical and psychological pain. They may be
sterilized without their consent while doctors perform a cesarean section, denied
pain medication and life-saving care for complications of abortion, or forcibly
detained in a health facility for not being able to pay service fees. In its new briefing paper, Reproductive Rights Violations as Torture
and Cruel, Inhuman or Degrading Treatment or Punishment: A Critical Human
Rights Analysis, the Center demonstrates that many of these abuses amount
to torture or cruel, inhuman and degrading treatment.

The prohibition of torture and cruel, inhuman and degrading
treatment (CIDT) is a firmly established principle in international human
rights law. But until recently, torture and CIDT were understood to take place
only in prisons and other traditional detention settings, during interrogations
and in conflict zones. The briefing
paper shows that many reproductive rights violations meet the legal
requirements for torture or CIDT and, through case examples, illustrates how
advocates can hold governments and other actors accountable for these
abuses.

Under international law, governments are required to take
immediate action to prevent, punish and redress acts of torture or CIDT. In this briefing paper, the Center argues
that states’ legal obligations are equally pressing for severe reproductive
rights violations.

The production of the briefing paper was supported in part
by a grant from the Foundation to Promote Open Society. It is a tool for advocates, lawyers, judges,
scholars and policymakers to better understand and address certain reproductive
rights violations as forms of torture or CIDT.